Wells Superior Court

Criminal Cases

Preliminary plea of not guilty entered for Austin Caleb Tate, 30, Bluffton, charged with domestic battery committed in the presence of a child less than 16 years old, a Level 6 felony, and possession of marijuana, a Class B misdemeanor. Bond continued at $6,000. Jeffrey Stineburg appointed public defender.

At 4:06 p.m. Feb. 21 Bluffton police received a report that a man had punched a woman in the face  in a Nissan Altima headed south from the Bluffton Walmart Supercenter. A Bluffton police officer spotted an Altima and pulled it over in the parking lot of a business in the 700 block of North Main Street.

The driver was identified as Tate and he told the officer that he and the female in the vehicle had been arguing. The officer noted in his report to the court that there was a toddler in a child safety seat in the back seat of the vehicle. A second officer noticed that the female passenger had a laceration to one of her eyebrows.

Tate also reportedly told the officer that the female had thrown soda on him during the argument. The officer observed that Tate’s clothing and glasses were wet.

During a pat down of Tate incident to arrest, the arresting officer reported finding a “blunt” in Tate’s left pants pocket. A blunt is a slang term for a marijuana cigar.

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Preliminary plea of not guilty entered for Anthony Joe Fields, 32, Markle, charged with domestic battery committed in the presence of a child less than 16 years old, a Level 6 felony. Bond continued at $5,000.

Fields is charged with pulling the hair of a woman and holding her down on a bed during an argument at the residence they shared in Markle Feb. 20. The battery reportedly was witnessed by one of the children in the residence.

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K Paw Wah, 27, Fort Wayne, pleaded guilty to obstructing traffic, a Class B misdemeanor.

Ordered to pay a fine of $14.50 and court costs of $185.50.

Charges of speeding and failure to comply with law enforcement, both Class C infractions, were dismissed.

While parked on Western Avenue observing traffic Feb. 18, a Bluffton police officer clocked a vehicle Wah was driving at 46 mph-30 zone. The officer pulled the vehicle over.

Wah reportedly became argumentative with the officer. He reportedly became even more demonstrative after the officer issued him a ticket and reportedly exited his vehicle as the officer was returning to his patrol vehicle after giving Wah the ticket.

The officer ordered Wah to return to his vehicle and leave. By this time, a second Bluffton police officer and a sheriff’s deputy arrived at the scene, but Wah reportedly refused to comply with their commands to get back into the vehicle and leave. Eventually after being told if he didn’t comply, he would be arrested, Wah reportedly demanded to be arrested, even through officers explained they really didn’t want to arrest him.

Wah reportedly insisted on being arrested, so he was placed under arrest.

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Cody Andrew Howe, 22, Fort Wayne, pleaded guilty to leaving the scene of a property damage accident, a Class B misdemeanor.

Sentenced to 180 days in the Wells County Jail, with all but two days suspended, and placed on probation for 363 days

Ordered to pay restitution to his victim, court costs and probation fees.

On Jan. 17, Howe drove his Mercury Sable away from the curb on Jefferson Street just south of Bittersweet Lane in Ossian and collided with a northbound vehicle in a same direction sideswipe-style crash. The other vehicle stopped but Howe reportedly made a big U-turn and sped away south from the scene of the crash. He left behind a headlight cover for his car. The crash was investigated by an Ossian police officer as a hit-and-run.

A week later, a different Ossian police officer spotted a vehicle matching the description of the Sable involved in the crash parked in a driveway of an Ossian residence. The Sable not only matched the description  of the car that was involved but also had matching damage.

The officer spoke with Howe about the crash, and Howe reportedly told the officer that he had purchased the vehicle damaged. The officer questioned him as to why he would buy a vehicle with that much damage and Howe reportedly replied that he had gotten a good deal.

After later speaking with a person who lived with Howe who confirmed the vehicle was not damaged when Howe bought it, the officer who had initially investigated the crash questioned Howe again and he reportedly admitted to having caused the accident.

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Preliminary plea of not guilty entered for Adam E. Burke, 42, Decatur, charged with operating a vehicle while intoxicated endangering a person, a Class A misdemeanor; operating a vehicle while intoxicated, a Class C misdemeanor, and driving left of center, a Class C infraction.

Markle police received a report of a possible intoxicated driver southbound in a white Ford pickup truck on Marzane Road from 1000N at 3:30 p.m. Jan. 14. A Markle officer spotted the pickup truck and observed in his report to the court that the vehicle was southbound in the northbound lane of the road. The officer pulled the vehicle over just off Marzane Road on 700N. 

Burke reportedly told the officer that he was having problems with his unemployment and was heading to Work One.

The officer noted in his report that Burke smelled of alcohol, exhibited symptoms of intoxication and blew a .133 percent alcohol concentration equivalency on a Breathalyzer test.

Infractions

Elizabeth L. Knefelkamp, 51, Bluffton; driving while suspended and disregarding a traffic control device, 450E at 300N.

 Civil Cases

Judgment vacated and case dismissed without prejudice in the complaint on note to foreclose mortgage case of Nationstar Mortgage, Farmers Branch, Texas, against Roy Taylor and Kristy Taylor.

Complaints for payment of unpaid utility bills filed by The Town of Ossian against: Joshua and Ashley Gerber, Decatur, $894.19; and Clint R. Lewis, Ossian, $850.12.

Complaints for payment filed by Bluffton Regional Medical Center against: Alfred Albers, Bluffton, $1,168.92; Heather Baumgartner, Bluffton, $4,403.94; Katlyn Foss, Bluffton, $2,059.30; Michael Thompson, rural Van Buren, $1,026.23; Dennis Satterfield, Bluffton, $943.20; Angela M. Haler, Liberty Center, $6,315.10; Leann Hosch, Hartford City, $1,388.82; Camella Fisher, Marion, $6,461.66; Michael W. Miller, rural Montpelier, $1,686.25; and Diana Wayman, Portland, $1,830.46.

Petition for dissolution filed in the marriage of Jason D. Pierce, Bluffton, and Stephanie A. Pierce, Bluffton.

Wells Circuit Court

Criminal Cases

Preliminary plea of not guilty entered for Gage Alan Kidwell, 23, Bluffton, charged with battery resulting in bodily injury to a pregnant woman, a Level 5 felony. Bond continued at $60,000. Law office of Sprunger and Sprunger appointed pauper counsel.

Kidwell is charged with battering a woman who was approximately six months pregnant during an argument at a Bluffton residence they shared Feb. 19.

Kidwell has denied the allegations claiming instead that the alleged victim in the case had struck him on the head and shoulders. He did allegedly admit to “wrapping her up” and taking her to the floor.

Petition for post-conviction relief filed by Kurt James Kemp, 50, formerly of Bluffton and as of Feb. 22 incarcerated at the Indiana Department of Correction New Castle Correctional facility serving an 11-year sentence meted June 30, 2017, on charges of possession of child pornography and public voyeurism all Level 6 felonies and  child exploitation, a Level 5 felony. There were 41 counts altogether.

Kemp appealed his sentence, but the decision by the trial court was affirmed by the Indiana Court of Appeals. Kemp then asked that the case be reheard by the Indiana Court of Appeals but that petition denied. Kemp then petitioned to have his case be heard by the Indiana Supreme Court, but that petition was denied.

Kemp is claiming ineffective assistance of counsel and is seeking to have his convictions in counts 1-7 and 37-41 vacated. 

Civil Cases

Marriage of James Robert Johnson II and Ashlie Christine Harmon ruled void as Johnson had previously been married and had never divorced his prior wife, Holly Renee Johnson.

Petition for dissolution filed in the marriage of James Robert Johnson II, rural Ossian and Holly Renee Johnson, Kendallville.